HomeMy WebLinkAboutResolutions - 2011.03.09 - 15536MISCELLANEOUS RESOLUTION # 11042 February 17, 2011
BY: PLANNING AND BUILDING COMMITTEE, DAVID POTTS, CHAIRPERSON
IN RE: PARKS AND RECREATION COMMISSION — RED OAKS GOLF COURSE LEASE
AMENDMENT — RED OAKS COUNTY PARK
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Chairperson, Ladies and Gentlemen:
WHEREAS, the Oakland County Parks and Recreation Commission, at its regular meeting of December
1, 2010, authorized the department to modify the existing lease to include two parcels of property, which
abut the maintenance building at the Red Oaks Golf Course, recently acquired by the Water Resources
Commissioner, to allow for the relocation of the golf course entrance drive; and
WHEREAS, the funding for this project was allocated from the Oakland County Parks and
Recreation Commission Capital Improvement Projects Budget; and
WHEREAS, said lease, which was developed by Oakland County Water Resources
Commissioner staff and counsel, Park staff, and Oakland County Corporation Counsel, is for a period of
50 years; and
WHEREAS, said lease, which is between the County of Oakland and the George W. Kuhn
Drainage District, is for the amount of $1 annually; and
WHEREAS, Parcel Numbers 25-12-301-003 and 25-12-301-009, contiguous to the Red Oaks
Golf Course, were acquired by the George W. Kuhn Drainage District by way of a warranty deed; and
WHEREAS, the George W. Kuhn Drainage District and the Oakland County Parks and
Recreation Commission desire to include Parcel Numbers 25-12-301-003 and 25-12-301-009 as part of
the leased premises set forth in the lease dated August 24, 2004.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners
authorizes and approves the second amendment to the lease between the Drainage Board for the
George W. Kuhn Drainage District and the County of Oakland dated August 24, 2004 to add Parcel
Numbers 25-12-301-003 and 25-12-301-009, which is contiguous to the Red Oaks Golf Course.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners directs its
Chairperson or designee to execute said second amendment to the lease between the George W. Kuhn
Drainage District and the County of Oakland.
Chairperson, on behalf of the Planning and Building Committee, I move the adoption of the
foregoing resolution.
PLANNING AND BUILDING COMMIT-WE
PLANNING & BUILDING COMMITTEE VOTE:
Motion carried unanimously on a roll call vote.
SECOND AMENDMENT TO
OAKLAND COUNTY RED OAKS GOLF COURSE
LEASE
This Amendment is made on this 18th day of January, 2011, by and between the
DRAINAGE BOARD for the GEORGE W. KUHN DRAINAGE DISTRICT, a Michigan
statutory public corporation, established pursuant to Chapter 20 of the Drain Code of
1956, 1956 P.A. 40, as amended, MCL 280.461 et seq., by and through the Drainage
Board for said district, whose address is 1 Public Works Drive, Waterford Michigan
(hereinafter "LESSOR"), and the COUNTY OF OAKLAND, a Michigan Constitutional
Corporation, whose address is 1200 N. Telegraph Road, Pontiac, Michigan (hereinafter
"LESSEE").
WHEREAS, the LESSOR and LESSEE entered into a Lease ("Lease") dated
August 24, 2004 to lease certain premises described therein; and,
WHEREAS, the LESSOR acquired additional property ("Property") contiguous
to the Red Oaks Golf Course and is desirous to add this property to the LEASED
PREMISES set forth in the Lease; and
NOW, THEREFORE, in consideration of the mutual promises, representations,
and agreements set forth in this Amendment and for other good and valuable
consideration, the receipt and adequacy of which is hereby acknowledged, the PARTIES
agree as follows:
1. LEASED PREMISES. The Property described as follows, is added to and
is part of the LEASED PREMISES described in the Lease:
Lots 1 through 13, inclusive, including 14 adjacent vacated public alley,
NORTH ACRES SUBDIVISION, City of Madison Heights, Oakland
County, Michigan, as recorded in Liber 33 of Plats, Page 22 Oakland
County Records.
Address: 29470-29660 John R Road, Madison Heights
Parcel Identification Nos: 25-12-301-009 (as to Lots 1 - 10)
and 25-12-301-003 (as to Lots 11- 13)
Subject to any easements and building restrictions of record.
2. TERMS. This Amendment will commence upon approval of the County
Board of Commissioners and Drainage Board and shall extend for the
same period set forth in the Lease.
3. It is understood that the Property acquired by LESSOR and added to the
Lease through this Amendment has an existing building consisting of
4,307 square feet and an existing parking lot. It is the intent of the Parties
to have the building and parking lot removed. As part of the consideration
LESSEE agrees to pay all costs and expenses associated with the
demolition of the existing building and removal of the parking lot
(including costs associated with permits and licenses) consistent with the
plans, specifications and contractor approved by the LESSOR. LESSOR
will administer the contract for the demolition of the building and parking
lot on behalf of LESSEE.
4. The LESSEE shall have the authority to construct improvements on the
Leased Premises subject to the written approval of LESSOR.
5. The PARTIES agree that this Amendment amends the Lease. All terms
and conditions set for in the Lease remain in full force an effect, except as
otherwise specifically set forth in this Amendment.
[Signatures on next page]
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FOR AND IN CONSIDERATION of the mutual assurances, promises,
acknowledgments, warrants, representations, and agreements set forth in this
Amendment, and for other good and valuable consideration, the receipt and adequacy of
which is hereby acknowledged, the undersigned hereby execute this Amendment on
behalf of the Parties, and by doing so legally obligate and bind the Parties to the terms
and conditions of this Amendment.
GEORGE W. KUHN DRAINAGE DISTRICT ("LESSOR")
By:
John P. McCulloch,
Oakland County Water Resources Commissioner and Chairperson
Drainage Board for the George W. Kuhn Drainage District
COUNTY OF OAKLAND ("LESSEE")
By:
, Chairperson
Oakland County Board of Commissioners
Prepared by:
Joseph W. Colaianne (P47404)
Attorney & Ins. Administrator
George W. Kuhn Drainage District
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Resolution #11042 February 17, 2011
The Chairperson referred the resolution to the Finance Committee. There were no objections.
FISCAL NOTE (MISC. #11042) March 9, 2011
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: PARKS AND RECREATION COMMISSION — RED OAKS GOLF COURSE LEASE AMENDMENT — RED
OAKS COUNTY PARK
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above referenced Miscellaneous
Resolution and finds:
1. MR 04151 established a 50 year lease between the County of Oakland and the George W. Kuhn Drainage
District for property located in Madison Heights for the purpose of Red Oaks Golf Course.
2. MR 07148 amended this lease to add property parcel #25-12-203-007 that was contiguous with Red
Oaks Golf Course.
3. The George W. Kuhn Drainage District added property parcels #25-12-301-003 and #25-12-301-009 that
are contiguous with Red Oaks Golf Course.
4. A second amendment to the lease to add these two property parcels was recommended for approval by
the Oakland County Parks and Recreation Commission on December 1,2010.
5. All terms of the agreement remain the same with the annual lease payment of $1 per year coming from
the Parks and Recreation Fund.
6. No General Fund/General Purpose funding is required.
7. No budget amendment is recommended.
FINANCE COMMITTEE
FINANCE COMMITTEE
Motion carried unanimously on a roll call vote with Runestad absent.
Resolution #11042 March 9, 2011
Moved by Scott supported by McGillivray the resolutions (with fiscal notes attached) on the Consent
Agenda be adopted (with accompanying reports being accepted).
AYES: Crawford, Dwyer, Gershenson, Gingell, Gosselin, Greimel, Hatchett, Hoffman, Jackson,
Long, Matis, McGillivray, Middleton, Nash, Nuccio, Potts, Quarles, Runestad, Scott, Taub,
Weipert, Zack, Bosnic, Covey. (24)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the Consent
Agenda were adopted (with accompanying reports being accepted).
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Bill Bullard Jr., Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true
and accurate copy of a resolution adopted by the Oakland County Board of Commissioners on March 9,
2011, with the original record thereof now remaining in my office.
In Testimony Whereof, I have hereunto set my hand and affixed the seal of the County of Oakland at
Pontiac, Michigan this 9th day of March, 2011.
E,LLE
Bill Bullard Jr., Oakland County